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Request for Help in Filling Out JAMS Complaint


LegalTender
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Thanks for any help in how to proceed.

I see that earlier this month AmEx has filed a civil lawsuit in NYS/NYC to collect an alleged CC debt on approx. $7k, but they have not yet served me.  I visited the court clerk and made a copy of AmEx's complaint. 

In the past AmEx has sent me letters offering to settle for payment of 60% of the alleged debt, but my only communication to AmEx was a couple years ago when I sent Nationwide Credit a DV letter (via CM/RR; I also CC’d AmEx CM/RR) disputing the debt and electing private contractual arbitration with JAMS to resolve any dispute.

When filling out the JAMS complaint what recommended for: NATURE OF DISPUTE / CLAIMS & RELIEF SOUGHT BY CLAIMANT? What sort of wording do I use? I’m completely unclear what the JAMS complaint should include. Do I just dispute that the debt exists, the amount, the interest, and that AmEx owns it, and force them to prove it? Can I just put some generic content and amend my complaint at a later date? I want to initiate the complaint ASAP so that I can use the JAMS documentation as an exhibit in my MTC in the court case. Time is of the essence. 
Also, I’m not up to speed regarding violations. If after notifying AmEx that I’ve elected JAMS arb as the method to resolve this dispute it would seem that AmEx has waived it’s right to litigate in court based on the arb clause in the cardholder agreement. Is the fact that they subsequently filed a NYS civil lawsuit a violation?

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8 hours ago, LegalTender said:

Also, I’m not up to speed regarding violations. If after notifying AmEx that I’ve elected JAMS arb as the method to resolve this dispute it would seem that AmEx has waived it’s right to litigate in court based on the arb clause in the cardholder agreement. Is the fact that they subsequently filed a NYS civil lawsuit a violation?

A violation of what?  AMEX is an original creditor.  The FDCPA does not apply to original creditors.  While there are some that claim a creditor filing a suit after electing arbitration is a violation the reality is few courts have upheld that.  Unless you can find NY case law indicating that the courts have ruled it is a violation of NY law it isn't a violation of anything.

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1 hour ago, Clydesmom said:

A violation of what?  AMEX is an original creditor.  The FDCPA does not apply to original creditors.  While there are some that claim a creditor filing a suit after electing arbitration is a violation the reality is few courts have upheld that.  Unless you can find NY case law indicating that the courts have ruled it is a violation of NY law it isn't a violation of anything.

That's why I'm asking. I'm not versed in this area of the law. (There used to be online posters very informed regarding NYS law but they've seemed to have vanished). 

I'm drawing a blank as what my JAMS complaint can include. I'm not even sure if it's the place to include my defenses against what AmEx is alleging in their civil suit, or if it's inappropriate for that to be included in my complaint (vs. for example in my opposition answer to whatever counterclaims AmEx eventually files in my JAMS case.

Can anyone point me to some samples wording (or sample JAMS complaints) regarding: NATURE OF DISPUTE / CLAIMS & RELIEF SOUGHT BY CLAIMANT?

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1 hour ago, Goody_Ouchless said:

For what it's worth, AMEX will follow you to arbitration. At that point settlement options go out the window.

What leads you to believe that AmEx would they be more likely to settle now during their civil suit, than after it goes into arb?

In any case, what have I got to lose by going the arb route? I can't find the downside vs. a civil trial.

I'm collection proof and if ever there's a judgement entered against me I'll file for BK. 

 

 

 

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